83 FR 53077 - Final Environmental Impact Statement on American Electric Power's American Burying Beetle Habitat Conservation Plan in Arkansas, Oklahoma, and Texas

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 203 (October 19, 2018)

Page Range		53077-53078
FR Document		2018-22833

We, the U.S. Fish and Wildlife Service, under the National Environmental Policy Act, make available the final environmental impact statement analyzing the impacts of issuance of an incidental take permit (ITP) for implementation of American Electric Power's American Burying Beetle Habitat Conservation Plan in Oklahoma, Arkansas, and Texas (HCP). Our decision is to issue a 30-year ITP for implementation of the HCP, which authorizes incidental take of the American burying beetle under the Endangered Species Act.

Federal Register, Volume 83 Issue 203 (Friday, October 19, 2018)

[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53077-53078]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-22833]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R2-ES-2017-0105; FXES11140200000-190-FF02ENEH00]

Final Environmental Impact Statement on American Electric Power's
American Burying Beetle Habitat Conservation Plan in Arkansas,
Oklahoma, and Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: We, the U.S. Fish and Wildlife Service, under the National
Environmental Policy Act, make available the final environmental impact
statement analyzing the impacts of issuance of an incidental take
permit (ITP) for implementation of American Electric Power's American
Burying Beetle Habitat Conservation Plan in Oklahoma, Arkansas, and
Texas (HCP). Our decision is to issue a 30-year ITP for implementation
of the HCP, which authorizes incidental take of the American burying
beetle under the Endangered Species Act.

DATES: We will finalize a record of decision and issue a permit no
sooner than November 19, 2018.

ADDRESSES: You may obtain copies of the documents in the following
formats:
Electronic:
[cir] http://www.regulations.gov, in Docket No. FWS-R2-ES-2017-
0105.
[cir] https://www.fws.gov/southwest/es/Oklahoma/.
[cir] CD-ROM: Contact Ms. Jonna Polk (see FOR FURTHER INFORMATION
CONTACT).
[cir] Telephone: 918-581-7458.
Hard copy: You may review the final environmental impact
statement (EIS) at the following locations (by appointment only):
[cir] Department of the Interior, Natural Resources Library, 1849 C
Street NW, Washington, DC 20240. Call 202-208-5815.
[cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW, Room
6034, Albuquerque, NM 87102. Call 505-248-6920.
[cir] U.S. Fish and Wildlife Service, 9014 E 21st St., Tulsa, OK
74129. Call 918-581-7458.

FOR FURTHER INFORMATION CONTACT: Jonna Polk, Field Supervisor, via U.S.
mail at Oklahoma Ecological Services Field Office, U.S. Fish and
Wildlife Service, 9014 E. 21st St., Tulsa, OK 74129; or via phone at
918-581-7458.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of several documents related to an
incidental take permit (ITP) application under the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The final EIS
was developed in compliance with the agency decision-making
requirements of the National Environmental Policy Act (NEPA; 42 U.S.C.
4321 et seq.), and is based on the habitat conservation plan (HCP) as
submitted by American Electric Power (applicant). We described, fully
evaluated, and analyzed all three alternatives in detail in our 2018
final EIS.
Our proposed action is to issue an ITP to the applicant under
section 10(a)(1)(B) of the ESA that authorizes incidental take of the
American burying beetle (Nicrophorus americanus; ABB) from the
applicant's maintenance, operation, and expansion of its electrical
facilities in Oklahoma, Arkansas, and Texas. American Electric Power is
one of the largest electric utilities in the country, with an electric
system that includes transmission lines, substations, switching
stations, and a distribution network. American Electric Power's ability
to serve its customers depends on the timely installation, operation,
and maintenance of its electric facilities. The plan area for the HCP
includes areas where authorized incidental take would occur and
conservation measures would take place, a total of almost 32 million
acres. The applicant requested a term of 30 years from the date of ITP
issuance. The

[[Page 53078]]

applicant will fully implement minimization and mitigation measures to
offset impacts to the ABB according to the HCP.
The applicant has agreed to include the following minimization
measures:
Reducing erosion by implementing stormwater best
practices;
Limiting use of motor vehicles, machinery, or heavy
equipment in occupied ABB habitat to avoid soil compaction;
Increasing safety during operation fluid use and storage;
Limiting disturbance from mechanical vegetation
management;
Limiting the use of artificial lighting in occupied ABB
habitat; and
Providing a training program for all personnel conducting
or supervising covered activities that may disturb ABB-occupied
habitat.
The mitigation measures include the following commitments:
Relieve soil compaction by disking (mechanically breaking
up) compacted soil in laydown areas and material storage areas;
Revegetate with a native species composition similar to
that of the surrounding area (typically warm season grasses) or of the
same vegetation type that existed prior to impacts for areas that
experienced ground disturbance causing temporary or permanent cover
change habitat impacts; and
Establish off-site habitat mitigation for temporary or
permanent cover change and permanent impacts.
In addition to this notice, the Environmental Protection Agency
(EPA) is publishing a notice announcing the EIS, as required under the
Clean Air Act, section 309 (42 U.S.C. 7401 et seq.; see EPA's Role in
the EIS Process below).

Background

The applicant has applied for an ITP under the ESA that would
authorize incidental take of the ABB and would be in effect for a
period of 30 years. The proposed incidental take of the ABB would occur
from lawful, non-Federal activities from the applicant's repair,
maintenance, and construction activities for electrical lines and
support facilities (e.g., substations and switching facilities) within
the plan area, as well as from activities carried out as part of the
HCP's conservation strategy (covered activities). The HCP plan area
includes Oklahoma and Arkansas counties within known ABB ranges and
Texas counties with ABB occurrence records. The plan area also includes
counties in these States where the ABB's range could expand over the
ITP term. The final EIS considers the direct, indirect, and cumulative
effects of implementing the HCP, including measures to minimize and
mitigate such impacts to the maximum extent practicable.
Section 9 of the ESA and its implementing regulations in title 50
of the Code of Federal Regulations (CFR) prohibit ``take'' of fish and
wildlife species listed as endangered or threatened under the ESA. The
ESA defines ``take'' as ``to harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect listed animal species, or attempt to
engage in such conduct'' (16 U.S.C. 1533). The term ``harm'' is defined
in the regulations as significant habitat modification or degradation
that results in death or injury to listed species by significantly
impairing essential behavioral patterns, including breeding, feeding,
or sheltering (50 CFR 17.3). However, we may, under specified
circumstances, issue permits that allow the take of federally listed
species, provided that the take is incidental to, but not the purpose
of, otherwise lawful activity. Regulations governing ITPs for
endangered and threatened species are at 50 CFR 17.22 and 17.32,
respectively.
On July 3, 2018, we published a Federal Register notice announcing
the availability for public review of a draft EIS and requested public
comment on our evaluation of the potential impacts associated with
issuance of an ITP for implementation of the HCP and to evaluate
alternatives (82 FR 32861). In July and August 2018, we held public
meetings on the draft document in Tulsa, OK; McAlester, OK; Fort Smith,
AR; and Texarkana, TX. The public comment period closed on August 17,
2018.
We received 10 comments in total: 8 Through regulations.gov, 1
comment via email, and 1 through the U.S. mail. The final EIS provides
responses to those comments in Appendix G.

Decision

We intend to issue an ITP allowing the applicant to implement the
proposed HCP, identified as the preferred alternative (Alternative B)
in the final EIS. We determined that the preferred alternative best
balances the protection and management of habitat for the ABB, while
allowing the applicant to supply the public's energy needs. We based
our decision on a thorough review of the alternatives and their
environmental consequences. Implementing this decision entails issuing
an ITP to American Electric Power and full implementation of the HCP,
including minimization and mitigation measures, monitoring and adaptive
management, and complying with all terms and conditions in the ITP.

EPA's Role in the EIS Process

In addition to this notice, EPA is publishing a notice in the
Federal Register announcing final EIS for American Electric Power's
American Burying Beetle Habitat Conservation Plan in Oklahoma,
Arkansas, and Texas, as required under the Clean Air Act, section 309.
The EPA is charged with reviewing all Federal agencies' EISs and
commenting on the adequacy and acceptability of the environmental
impacts of proposed actions in EISs.
The EPA also serves as the repository (EIS database) for EISs that
Federal agencies prepare. All EISs must be filed with EPA, which
publishes a notice of availability on Fridays in the Federal Register.
For more information, see https://www.epa.gov/nepa. You may search for
EPA comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

Authority

We provide this notice under section 10(c) of the ESA (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32)
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40
CFR 1506.6).

Amy L. Lueders,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2018-22833 Filed 10-18-18; 8:45 am]
BILLING CODE 4333-15-P

Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices 53077

habitat, remove the levees within and Selected Alternative Æ https://www.fws.gov/southwest/es/
between Ponds R5 and S5, and improve The ROD identifies the preferred Oklahoma/.
recreation and public access. alternative as the selected alternative. Æ CD–ROM: Contact Ms. Jonna Polk
Alternative Ravenswood D would also This alternative is also the (see FOR FURTHER INFORMATION CONTACT).
allow temporary stormwater detention Æ Telephone: 918–581–7458.
environmentally preferred alternative.
into Ponds R5 and S5 via connections • Hard copy: You may review the
The basis for the decision, descriptions
with the City of Redwood City’s final environmental impact statement
of the alternatives considered, an
Bayfront Canal and Atherton Channel (EIS) at the following locations (by
overview of the measures to be
Project. This would treat a residual appointment only):
implemented to avoid and minimized
salinity problem in Ponds R5 and S5. Æ Department of the Interior, Natural
environmental effects, and a summary
Following public review of the Draft Resources Library, 1849 C Street NW,
of the public involvement process are
EIS/EIR, USFWS and the California Washington, DC 20240. Call 202–208–
provided in the ROD.
State Coastal Conservancy, in 5815.
coordination with the Project Authority Æ U.S. Fish and Wildlife Service, 500
Management Team and other project We publish this notice under the Gold Avenue SW, Room 6034,
partners, identified the preferred authority of the National Environmental Albuquerque, NM 87102. Call 505–248–
alternative, which is based on Policy Act (42 U.S.C. 4371 et seq.) and 6920.
restoration enhancements at all four the Department of Interior’s Æ U.S. Fish and Wildlife Service,
pond clusters, as well as maintained or implementing regulations in title 43 of 9014 E 21st St., Tulsa, OK 74129. Call
increased flood protection and the Code of Federal Regulations (43 CFR 918–581–7458.
additional public access and recreation part 46). FOR FURTHER INFORMATION CONTACT:
features at two of the Phase 2 pond Jonna Polk, Field Supervisor, via U.S.
clusters. The preferred alternative is Jody Holzworth, mail at Oklahoma Ecological Services
described in Chapter 6 of the Final EIS/ Acting Regional Director, Pacific Southwest Field Office, U.S. Fish and Wildlife
EIR. A summary is provided below. Region. Service, 9014 E. 21st St., Tulsa, OK
Preferred Alternative: The preferred [FR Doc. 2018–22763 Filed 10–18–18; 8:45 am] 74129; or via phone at 918–581–7458.
alternative at each pond cluster is as BILLING CODE 4333–15–P SUPPLEMENTARY INFORMATION: We, the
follows: U.S. Fish and Wildlife Service (Service),
• At the Island Ponds it is Alternative announce the availability of several
Island B, with one restoration DEPARTMENT OF THE INTERIOR documents related to an incidental take
component of Alternative Island C permit (ITP) application under the
Fish and Wildlife Service
included, which is to widen only the Endangered Species Act of 1973, as
westernmost of the two existing amended (ESA; 16 U.S.C. 1531 et seq.).
[Docket No. FWS–R2–ES–2017–0105;
breaches on the south side of Pond A19. FXES11140200000–190–FF02ENEH00] The final EIS was developed in
• At the Mountain View Ponds it is compliance with the agency decision-
essentially Alternative Mountain View Final Environmental Impact Statement making requirements of the National
B, with the substitution of one habitat on American Electric Power’s Environmental Policy Act (NEPA; 42
enhancement (do not include American Burying Beetle Habitat U.S.C. 4321 et seq.), and is based on the
Charleston Slough in tidal marsh Conservation Plan in Arkansas, habitat conservation plan (HCP) as
restoration but do construct a habitat Oklahoma, and Texas submitted by American Electric Power
transition zone across the entire (applicant). We described, fully
southern extent of Pond A1, but only AGENCY: Fish and Wildlife Service, evaluated, and analyzed all three
across central portion of A2W) and the Interior. alternatives in detail in our 2018 final
addition of one public access ACTION: Notice of availability. EIS.
component drawn from Mountain View Our proposed action is to issue an ITP
C (add recreational trail on eastern levee SUMMARY: We, the U.S. Fish and to the applicant under section
of Pond A2W to the northeast corner of Wildlife Service, under the National 10(a)(1)(B) of the ESA that authorizes
Pond A2W). There is also a modification Environmental Policy Act, make incidental take of the American burying
of one of the flood protection features available the final environmental impact beetle (Nicrophorus americanus; ABB)
presented in the two action alternatives statement analyzing the impacts of from the applicant’s maintenance,
(raise the Coast Casey Forebay levee issuance of an incidental take permit operation, and expansion of its
along southern border of Charleston (ITP) for implementation of American electrical facilities in Oklahoma,
Slough and maintain necessary access to Electric Power’s American Burying Arkansas, and Texas. American Electric
existing utilities adjacent to that levee). Beetle Habitat Conservation Plan in Power is one of the largest electric
• At the A8 Ponds it is Alternative A8 Oklahoma, Arkansas, and Texas (HCP). utilities in the country, with an electric
B, except that the top elevation of the Our decision is to issue a 30-year ITP for system that includes transmission lines,
proposed transition zones has been implementation of the HCP, which substations, switching stations, and a
increased to provide greater erosion authorizes incidental take of the distribution network. American Electric
protection. American burying beetle under the Power’s ability to serve its customers
• At the Ravenswood Ponds it is Endangered Species Act. depends on the timely installation,
similar to Alternative Ravenswood B, in DATES: We will finalize a record of operation, and maintenance of its
amozie on DSK3GDR082PROD with NOTICES1

its restoration goals and features for decision and issue a permit no sooner electric facilities. The plan area for the
Ponds R3, R4, R5, and S5, but it also than November 19, 2018. HCP includes areas where authorized
includes an additional habitat transition ADDRESSES: You may obtain copies of incidental take would occur and
zone and a trail on the eastern edge of the documents in the following formats: conservation measures would take
Ponds R5 and S5, all of which were • Electronic: place, a total of almost 32 million acres.
included in Alternatives Ravenswood C Æ http://www.regulations.gov, in The applicant requested a term of 30
and D. Docket No. FWS–R2–ES–2017–0105. years from the date of ITP issuance. The

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Document Created: 2018-10-19 01:25:48
Document Modified: 2018-10-19 01:25:48

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability.
Dates		We will finalize a record of decision and issue a permit no sooner than November 19, 2018.
Contact		Jonna Polk, Field Supervisor, via U.S. mail at Oklahoma Ecological Services Field Office, U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 74129; or via phone at 918-581-7458.
FR Citation		83 FR 53077

83 FR 53077 - Final Environmental Impact Statement on American Electric Power's American Burying Beetle Habitat Conservation Plan in Arkansas, Oklahoma, and Texas

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 83, Issue 203 (October 19, 2018)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service